Loading...
HomeMy WebLinkAbout60-86 RESOLUTIONRESOLUTICIN NO. 60-R6 A RESOLUTICN AUTHORIZING THE MAYOR AND CITY CTPRK TO EXECUTE A LANDFILL CONTRACT WITH NORTHWEST ARKANSAS WASTE MANAGEMENT, INC. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CTIT OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a landfill contract with Northwest Arkansas Waste Management, Inc. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. • PASSED AND APPROVED this 3rd_ day of Tuna 1986. APPROVED CONTRACT This contract and agreement made and entered into on this 15th day of June, 1986, by and between the City of Fayetteville, Arkansas, a municipal corporation of the first class organized and existing under the laws of the State of Arkansas, hereinafter called "City"; and Northwest Arkansas Waste Management, Inc., hereinafter called "Northwest". WITNESSETH: WHEREAS, Northwest is engaged in the operation of a sanitary landfill site in Washington County, Arkansas, and has been the suc- cessful bidder for Bid No. 685, for the City of Fayetteville and for the University of Arkansas; and WHEREAS, it is the intent of this contract to formulate and adopt mutual covenants under which the City may dispose of its solid wastes at the sanitary landfill site operated by Northwest; NOW, THEREFORE, in consideration of the mutual covenants con- t ained herein, the parties hereto mutually agree as follows: ARTICLE I - GENERAL PROVISIONS 1. Northwest agrees to furnish to City the following described land located in Washington County, Arkansas, to -wit: The East Half of the Southeast Quarter of the Northwest Quarter of Section Three, containing 20 acres, more or less; the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section Three, containing 10 acres, more or less, and the East Half of the North Half of the North Half of the Northeast Quarter of the Southwest Quarter of Section Three, containing 5 acres, more or less, and con- taining herein 35 acres, more or less, all in Township Seventeen N orth of Range Twenty Nine West. The Fractional Northwest Quarter of the Northeast Quarter of Section 3, containing 33.06 acres, more or less; and the Fractional South Half of the Northeast Quarter of Section 3, LESS AND EXCEPT the fol- lowing described tract: Beginning at the Southwest corner of said 80 acre tract, and running thence North 676.3 feet; thence North 89 degrees 23 minutes East 708.5 feet; thence South 676.3 feet; thence South 89 degrees 23 minutes West 708.5 feet to the point of beginning, leaving 67.73 acres, more or less, all in Township 17 North, of Range 29 West. Also, all that part of the North Half of the Southeast Quarter of Section 3, lying North and East of the Oliphant County Road, LESS AND EXCEPT part of the Northwest Quarter of said Southeast Quarter d escribed as follows: Beginning at the Northwest corner of said 40 acre tract, and running thence North 89 degrees 23 minutes East 708.5 feet; thence South 388.97 feet to the center line of said County Road; thence Westerly with said center line to the West line of said 40 acre tract; thence North to the point of beginning; ALSO, LESS AND EXCEPT part of the Northwest Quarter of said Southeast Quarter, described as follows: Beginning at the Northeast corner of the said Northeast Quarter, Southeast Quarter, thence West 1072 feet, thence South 1217.92 to the center line of Oliphant County Road. Thence in a Southeasterly with said road centerline to the South line of said Northeast Quarter Southeast; for a sanitary landfill method of disposal of solid wastes. 2. That the City shall pa ;o Northwest $10,635i.00, per month, 1 v a and the UniversityofArkansas shall pay to Northwest $1,585.00, per month, for the use of the aforesaid facilities for the purposes indicated herein. ARTICLE II - SPECIAL PROVISIONS 1. General Description: The work to be performed under this contract consists of the furnishing of suitable land for a sanitary landfill method of disposal of solid wastes of all classes, except hazardous wastes, and the furnishing of such personnel and equipment as is necessary t o properly conduct a sanitary landfill operation. The land may be owned or leased by Northwest. Northwest shall accept all solid wastes delivered to the disposal site by the City and the University o f Arkansas. Wastes from private contractors as are duly licensed by the City to collect solid wastes inside the corporate limits of Fayetteville, and from other individuals, shall be accepted by North- west either at the landfill site or some other location designated by Northwest. Northwest may charge reasonable fees for providing this service. 2. Term: The term of this contract shall be one year with an option for one year renewal by the City. If the option is exercised, the contract prices will be adjusted, based upon the United States De- partment of Labor Cost of Living Index for the year immediately preceding. The actulal percentage,. increase or decrease in said index, shall be used to compute any adjustment. 3. Compliance with Regulations: Types of Trash. Northwest agrees to accept all solid wastes except car bodies, dead animals, or fowl, or offal delivered to the disposal site. All acceptable wastes shall be deposited in a location as d esignated by Northwest for disposal in accordance with current regu- lations and directives of the Arkansas Department of Pollution Control and Ecology and all other state or federal regulatory agencies. Northwest shall show evidence of having obtained all permits and authorization required at the time of bidding. The Arkansas Pollution Control and Ecology permit shall reflect an expiration date no sooner than June 15, 1987. 4. Time of; Operation: Northwest will provide disposal from 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturdays, exclud- ing holidays when City sanitation service is not provided. 5. Distance: The disposal site shall be located at a road distance of not more than fifteen miles from the intersection of College Avenue and Maple Street in Fayetteville. As an alternative to the disposal site being located within the above fifteen mile distance, Northwest may propose to receive the solid wastes within this distance into transfer trucks with North- west assuming responsibility for transporting the wastes to a sanitary landfill at a more distant location. 6. Actess: The disposal site must be served by all-weather roads suf- ficient to support the transporting equipment without undue hazard for 365 days a year. Interior access to dumping locations at the, disposal site shall be maintained by Northwest so as to permit full time use by City equipment under all weather conditions. All City trucks shall be pulled out, rather than pushed out, during adverse weather conditions if assistance becomes necessary. 7. City Indemnity: Northwest shall guarantee to save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judg- ments, and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of Northwest's operations and it shall immediately appear and defend the same at its own cost and expense. 8. Performance Bond: After award of the bid and prior to execution of a contract, Northwest shall provide a performance bond in the amount of $80,000.00 as a guarantee of compliance with the terms of the con- tract. The form of bond;and eh% surety shall be -Isubject to the I I. approval of the City's Attorney. No assignment or pledge of the monies to become due under this contract shall be made without the written approval of the surety o n the performance bond and the consent of the City being first ob- tained and endorsed thereon. Such assignment or pledge, however, shall not release Northwest or its sureties from any obligations or liabilities arising under or because of this contract. 9. Sub -contracts: No assignment or subletting of all or any portion of the work under these specifications will be permitted without approval o f the Board of Directors of the City. 10. Competency of Employees: All workmen employed shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this contract due to Northwest's ina- bility to obtain workmen of the number and skill required shall con- stitute a default of the contract. 11. Insurance: Northwest shall provide and maintain in full force and e ffect during the entire term of this contract regular Contractor's Public Liability Insurance with the City as an additional insured, providing for a limit of not less than $100,000.00 for all damages arising Out of bodily injuries to or death of one person and subject to the same limit for each person a total limit of not less than $300,000.00 for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and regular Contrac- tor's Property Damage Liability Insurance providing for a limit of not less than $75,000.00 for all damage arising out of injury to or destruction of property in any one accident, and, subject to that limit per accident, a total limit of not less than $100,000.00 for all damages arising out of injury to or destruction of property during • the policy period. Northwest shall provide and maintain in full force and e ffect during the entire term of this contract Workman's Compensation Insurance as shall protect it from claims for damage for personal injury, including accidental death, which may arise from operations • under this contract, whether such operation be by itself or anyone directly or indirectly employed by it as required by State law. Northwest shall file a copy of such policies with the Purchasing Officer upon initiation of service. 12. Payment by City or University: Payment will be made at the contract unit price for "Dispo- sal of Compacted or Loose Solid Wastes" as stipulated in the proposal. The contract unit prices shall apply to wastes delivered by the Uni- ✓ ersity of Arkansas, the City or its duly licensed private haulers. Northwest shall charge a flat, per -month rate for City and/or Uni- versity wastes based upon average volumes of 55 tons per week for the University of Arkansas and 600 tons per week for the City. At any time Northwest feels the weights are in excess of those given above, it may request the weighing of all loads for a two week period. If weights exceed those given above by more than t en percent, the City and University shall pay all weighing charges and the monthly disposal rates shall be adjusted accordingly, based upon the same per -ton costs as contained in the original bid. If the weights do not exceed those given above by more than ten percent, Northwest shall pay all weighing charges and• there shall be no adjust- ment of disposal rates. Northwest shall transmit to the City no later than the fifth day of each month a statement of charges for services provided under the contract for the previous month. After verification of charges, the City of Fayetteville will make payment to Northwest o n or near the 20th of each month for authorized services. Billings 5 to licensed haulers or the University of Arkansas will be the responsibility of Northwest. 13. Spring Clean-up: If a Spring and/or Fall Clean-up is conducted, all State, County or City vehicles hauling refuse as a part .of the clean-up campaign shall be kermitted to .dispose of wastes `At the landfill e1/4‘' during the clean-up campacgn (nermally Itwc1/2 weeks) -tor a flat fee of $1,000.00 for the Spring and $500.00 for the Fall to be paid by the City. All citizens of Fayetteville shall be permitted to dump either at the landfill or some other designated area free of charge on designated clean-up dates, providing that they can show they have paid the City water bill the previous month. 14. Inquiries: All inquiries concerning these specifications, amounts and types of refuse for disposal, or licensed haulers shall be direc- ted to Mr. Wally Brt, Superintendent of the Sanitation Department, City of Fayetteville, Arkansas. 15. Holidays: The holidays recognized under this contract are: Sundays, Christmas Day, Thanksgiving Day and Friday following, Labor Day, Memorial Day, Independence Day, Veteran's Day, and New Year's Day. If the City requires Northwest's facilities during these periods the City shall pay to Northwest an extra charge of $1.00 per yard, which amount will total $2.50 per yard of garbage and trash disposed of on the aforesaid holidays. This contract shall be construed under the laws of the State of Arkansas and shall inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this con- tract as of the day and year first above written. CITY OF FAYET VILLE, ARKANSAS e. 7,2 Mayor NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC By: 6 tidy W aRue, President • PERFORMANCE BOND We, the undersigned, Gary LaRue and Harold Parsons, as sureties, and Northwest Arkansas Waste Management, Inc., as principal, pledge and bind ourselves to payment in an amount not in excess of $80,000.00, for performance by Northwest Arkansas Waste Manage- ment, Inc., of the Contract dated the 15th day of June, 1986, between Northwest Arkansas Waste Management, Inc., and the City of Fayette- ville, Arkansas, said Contract being attached hereto as Exhibit "A", and made a part hereof as though set forth herein word for word, line for line. As security for the pledge of indebtedness herein, Harold Parsons pledges real property located in Washington County, Arkansas, said property being described in Exhibit "B", which is attached hereto and made a part hereof as though set forth herein word for word, line for line. Gary LaRue, as surety, hereupon pledges the real property located in Benton County, Arkansas, which property is described in Exhibit "C", attached hereto and made a part hereof as though set forth herein word for word, line for line. As further security for the pledge of indebtedness herein, North- west Arkansas Waste Management, Inc., by its President, Gary LaRue, pledges one Link Belt digger with 21 foot reach, which digger is free and clear of any encumbrance having a fair market value in the range of $35,000.00. In the event that the obligations of Northwest Arkansas Waste Management, Inc., are not performed for the benefit of the City of Fayetteville, Arkansas, we shall pay to said City of Fayetteville the amount required for performance of the said unperformed services. WITNESS OUR HANDS AND SEALS this 16th day of June, 1986. t'aTry L;rue e ilAnalaing' arold Parso s fr NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC By: Gat -1 LaRu President/Secretary • The following described land located in Washington Ca”.ty, Arikjansas, The Eaat Half of the Southeast Quarter Si the Northwest Quarter o f Section Three, containing 20 acres, More or less: the South- e ast Quarter of the Northeast Quarter of the Northwest Quarter o f Section Three, containing 10 acres, more or less, and the East Half of the North Half of the North Half of the Northeast Quarter of the Southwest Quarter of Section Three, containing 5 acres, more or less, and containing herein 35 acres, more o r less, all in Township Seventeen North of Range Twenty Nine West. EXHIBIT "B" The following land situated in the county of Benton, state of Arkansas, to -wit: All that part of the Fractional SWi of the SE% of Section 13, Township 17 North, Range 34 West lying South and East o f the Kansas City Southern Railroad Right -of -Way. ALSO t he Nli of the Fractional SE i and all that part of the Frac- t ional NEi lying South and East of the Kansas City Southern Railroad Right -of -Way, all in Section 24, Township 17 North, Range 34 West. EXHIBIT "C"